HBA-MPM H.B. 1171 76(R) BILL ANALYSIS
Office of House Bill AnalysisH.B. 1171
By: Chisum
Environmental Regulation
2/19/1999
Introduced
BACKGROUND AND PURPOSE
The Texas Radiation Control Act, enacted in 1961 and recodified in 1989,
establishes the regulatory framework and authority for the state agencies
that regulate sources of radiation, encompassing the possession, use, and
disposal of such sources. H.B. 1171 adds provisions which further
regulatory enforcement. It provides exemptions thus giving the regulatory
programs flexibility in licensing new technologies in the radiation field,
and defines "radiation" to include radiation devices that have energy
emissions similar to those that come from lasers but are not "stimulated"
emissions. This bill also includes administrative penalties, which are to
be deposited in the Radiation and Perpetual Care Fund.
RULEMAKING AUTHORITY
It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 401.003(17), Health and Safety Code, to provide
that emission, rather than "stimulated" emission, of radiation from an
electronic device to energy density levels that could reasonably cause
bodily harm is one of the definitions of "radiation."
SECTION 2. Amends Sections 401.106 and 401.110, Health and Safety Code, as
follows:
Sec. 401.106. New title: EXEMPTION FROM LICENSING OR REGISTRATION
REQUIREMENTS OR FROM APPLICATION OF RULE. (a) Created from existing text.
(b) Authorizes the Texas Department of Health (department) or Texas
Natural Resource Conservation Commission (commission), as applicable, to
exempt a source of radiation or a kind of use or user from the application
of a rule adopted by the department or commission if it is determined that
the exemption is not prohibited by law and will not result in an undue
hazard to public health and safety, property, or the environment.
Sec. 401.110. DETERMINATION OF LICENSE. Includes financial qualifications
as one of the aspects of an applicant's or license holder's background the
department or commission may consider in making a determination whether to
grant, deny, amend, revoke, suspend, or restrict a license or registration.
SECTION 3. Amends Section 401.305(b), Health and Safety Code, to include
an administrative penalty collected under Sections 401.384-401.390 that the
department or commission is required to deposit to the credit of the fund
money and security received under this chapter. Sections 401.384401.390
refer to the following, respectively: Administrative Penalty, Preliminary
Report of Violation, Notice of Preliminary Report, Consent to Penalty,
Hearing and Decision, Disposition of Penalty; Judicial Review, and
Remitting Penalty Payments; Releasing Bonds.
SECTION 4. Amends Section 401.381(a), Health and Safety Code, to provide
that a person who causes, suffers, allows, or permits a violation of,
rather than violates, this chapter, a department rule or order, or a
license or registration condition is subject to a civil penalty.
SECTION 5. Amends Section 401.384(a), Health and Safety Code, to change
the existing reference from a "civil" penalty to an "administrative"
penalty so that the text of this section conforms to its title
(Administrative Penalty). Specifies that such penalties are provided by
this section and Sections 401.385-401.390, rather than 401.385-401.391
(Section 401.391 (Local Government Access to Records; Penalty), regarding
civil penalties paid by a person who denies a local government access to
records, was repealed by Acts 1997, 75th Legislature) and apply to a person
who causes, suffers, allows, or permits a violation of, rather than
violates, a provision of this chapter.
SECTION 6. Amends Section 401.385, Health and Safety Code, to authorize
the department to issue a preliminary report recommending that an
administrative penalty, rather than civil penalty, under Section 401.384
(Administrative Penalty) be imposed if the department, after an
investigation, concludes that a violation relating to an activity under its
jurisdiction has occurred.
SECTION 7. Amends Sections 401.388(d) and (f), Health and Safety Code, to
make conforming changes.
SECTION 8. Repealer: Section 401.108 (Financial Qualifications), Health
and Safety Code. This section states that before a license is issued or
renewed by the department or commission, the applicant shall demonstrate
that the applicant is financially qualified to conduct the licensed
activity. Further requires the license holder to submit to the issuing
agency, at required intervals, proof of financial qualification. Requires
the commission to re-evaluate the qualifications and security provided by
the license holder every five years, and provides that this re-evaluation
may coincide with license renewal procedures if renewal and re-evaluation
occur in the same year.
SECTION 9. Effective date: September 1, 1999.
Makes application of this Act prospective.
SECTION 10. Emergency clause.